Bond Counsel Services

expired opportunity(Expired)
From: Arizona State University(Higher Education)
started - 10 Nov, 2022 (2 months ago)

Start Date

10 Nov, 2022 (2 months ago)
due - 10 Nov, 2022 (2 months ago)

Due Date

08 Dec, 2022 (1 month ago)
Bid Notification

Opportunity Type

Bid Notification
292301

Opportunity Identifier

292301
Arizona State University

Customer / Agency

Arizona State University
1551 S. Rural Rd Tempe, AZ 85281

Location

1551 S. Rural Rd Tempe, AZ 85281
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10 November 2022 Bond Counsel Services Arizona State University (ASU), Northern Arizona University (NAU), & University of Arizona (UArizona), are seeking sealed proposals for BOND COUNSEL SERVICES. 10 November 2022 Open 11/10/2022 2:00 PM MST Type Request for Proposal Close 12/8/2022 2:00 PM MST Number 292301 Currency US Dollar Sealed Until 12/8/2022 2:00 PM MST 10 November 2022 Contacts Robert Snow rjsnow@asu.edu 10 November 2022 Commodity Codes Commodity Code Description 64-01 Financial Instruments and Investments 84-02 Financial Instruments and Investments 10 November 202210 November 202210 November 202210 November 202210 November 202210 November 202210 November 202210 November 202210 November 2022 mailto:rjsnow@asu.edu Arizona State University (ASU), University of Arizona (UArizona), Northern Arizona University (NAU) (also referred to as the “Universities” or “Tri-U” herein) is requesting sealed proposals from qualified proposers to furnish the Universities with a pool of qualified firms to provide for Bond Counsel Services. The required services include but are not limited to, bond counsel services for potential bonds, certificates of participation (COPs), direct placements, and other debt instruments, for both new money and refunding purposes, that are issued by the Universities or one of the Universities financially related organizations. Arizona State University Purchasing and Business Services is acting as the facilitating office for this Request for Proposal, and is the entity that is responsible for this RFP process, from its issuance to making the awards. The Bond Counsel for a particular financing may not also be acting as the Underwriter’s Counsel. The Universities’ present position, however, is that a Bond Counsel firm that is under the pool contract to the Universities, but not acting as Bond Counsel for the particular financing, may serve as Underwriter’s Counsel for that financing. The Bond Counsel will be paid from funds derived through the successful sale of bonds, certificates of participation (COPs), direct placement, or other debt instruments. No other fees will be paid unless agreed to in writing prior to the services being provided. The Tri-U intends to award one or more contracts to proposers under this RFP but reserves the right to not award any if responses do not meet the Tri-U’s needs. A “prosper” awarded a contract does not guarantee business. While we will utilize these agreements to make procurement of Bond Counsel Services more efficient, we may opt to procure these services from suppliers outside of the ones selected in this solicitation. Additionally, all contracts awarded under this RFP will be non-exclusive. We reserve the right to issue awards as contracts are negotiated following an intent to award. For the purposes of the RFP, the buyer is John Snow, email Robert.J.Snow@asu.edu Bid Open Date: 2:00 PM, AZ Time, 11/10/2022. Deadline for Inquiries: 2:00 PM, AZ Time, 11/23/2022. Bid Close Date: 2:00 PM, AZ Time, 12/08/2022. *The Bid Opening Information Meeting will be available via Zoom: 12/08/2022 at 2:00 PM MST *Meeting URL: https://asu.zoom.us/j/82197018835?from=addon *Attendance in this meeting is not mandatory. Description Required to View Event Prerequisites Required to Enter Bid 10 November 2022 1. Proposers must download the attached "Single Point of Contact" document, complete the information, and upload the completed document in this section. 2. Review the Instructions to Proposers 3. Review the Intent, Background and Term of the RFP 4. Review the Pre-Proposal Conference information 5. Review the Evaluation Criteria instructions 6. Review the Small Business & Small Disadvantaged Business Information 7. Review the Cooperative Agreements Information 8. Review Sustainability Requirements 9. Complete the attached Mandatory Certifications and upload in this section 10. Proposer must acknowledge and accept ASU COVID-19 policies. 11. Review the Proprietary/Confidential Statement instructions. 10 November 202210 November 202210 November 202210 November 202210 November 202210 November 202210 November 2022 Buyer Attachments 1. ASU 2022 Comprehensive Financial Report-Schedule of Long Term Debt.pdf 2. Long-Term Debt NAU-2021-ACFR_Final.pdf 3. Long-Term Debt UArizona-2022-ACFR_Final.pdf 10 November 202210 November 202210 November 202210 November 202210 November 202210 November 2022 https://bids.sciquest.com/apps/Router/PublicEventDownload?file=U291cmNpbmdldmVudC8xMTA0NjA0LTEzMzc2Mzg0MzJBU1UgMjAyMiBDb21wcmVoZW5zaXZlIEZpbmFuY2lhbCBSZXBvcnQtU2NoZWR1bGUgb2YgTG9uZyBUZXJtIERlYnQucGRm&auth=MDpBRVMyI0NQNVp4a2IvSnkxZDNIUm81TGpka2h4M0V4bkpBZDlVSkVFUnk5WnZrK2l5eGZjOVRGNkRHUlU9 https://bids.sciquest.com/apps/Router/PublicEventDownload?file=U291cmNpbmdldmVudC8xMTA0NjA0LTEzNDAxOTI4MTdMb25nLVRlcm0gRGVidCBOQVUtMjAyMS1BQ0ZSX0ZpbmFsLnBkZg%3D%3D&auth=MDpBRVMyI0NQNVp4a2IvSnkxZDNIUm81TGpka2h4M0V4bkpBZDlVSkVFUnk5WnZrK2l5eGZjOVRGNkRHUlU9 https://bids.sciquest.com/apps/Router/PublicEventDownload?file=U291cmNpbmdldmVudC8xMTA0NjA0LTEzNDAxOTg0NTVMb25nLVRlcm0gRGVidCBVQXJpem9uYS0yMDIyLUFDRlJfRmluYWwucGRm&auth=MDpBRVMyI0NQNVp4a2IvSnkxZDNIUm81TGpka2h4M0V4bkpBZDlVSkVFUnk5WnZrK2l5eGZjOVRGNkRHUlU9 Questions Required Questions Group 1.1: Scope of Work Instructions: 1.1.1 Review the Specifications/Scope of Work and certify that you have read, understand, and agree that your firm can meet the requirements in the attached Specifications/Scope of Work document. 1.1.2 Describe why your firm cannot meet the requirements in the attached Specifications/Scope of Work document. 1.1.3 Can your firm provide review of outstanding bonds, Certificates of Participation (COPs),direct placements, and other financing resolutions? 1.1.4 Explain 1.1.5 Will preparation of new bonding, lease-purchase and other financing resolutions be offered by your firm? 1.1.6 Explain 1.1.7 Can preparation of escrow agreements and review of various contract documents be provided when necessary? 1.1.8 Describe 1.1.9 Are review and approval of offering statements available? 1.1.10 Describe 1.1.11 Describe preparation of proceedings providing for the sale and award of bonds, COPs, and other financings. 1.1.12 Can your firm provide written determination and legal opinion regarding the tax-exempt status of the bonds, COPs, or other debt instruments. 1.1.13 Describe how your firm provides for the preparation of final delivery documents. 1.1.14 Explain the coordination of the financing transaction closing. 1.1.15 How does your firm handle the preparation and delivery of legal opinions relating to the issuance of bonds, COPs, or other debt instruments? 1.1.16 Explain your process for filing of Internal Revenue Service Form 8038-G and/or 8038-B. 1.1.17 Clarify how the reviewed annual disclosures reported via EMMA (Electronic Municipal Market Access) http://emma.msrb.org are assessed? 1.1.18 Provide details about how the Universities will receive follow-up reminders to ensure timely filings related to EMMA. 1.1.19 Does your firm provide other legal services, as necessary, involving the possible sale and completion of bonds, COPs, and other debt instruments, for the debt obligation of the University or a financially related organization? 1.1.20 The scope of work would occasionally include the Bond Counsel appearing before and assisting the Universities in presentations to the Arizona Board of Regents (ABOR), any relevant legislative committees including the Joint Committee on Capital Review (JCCR) and the Rating Agencies. Would your firm be available to participate? 1.1.21 Provide details 1.1.22 Is your firm able to provide analysis of complex tax and legal structuring matters? 1.1.23 Provide details 1.1.24 How are other matters relating to or arising from taxable or tax-exempt financings handled? Group 1.2: Warranties Instructions: 1.2.1 Each Proposal shall state the warranties to be offered by Proposer. ASU’s standard requirements are stated in the Terms and Conditions. Group 1.3: Value-Added Services Instructions: 10 November 202210 November 202210 November 202210 November 202210 November 2022 1.3.1 Proposer should provide a brief summary of any other value-added services or programs which may contribute to the overall value of your proposal, including but not limited to: Training, Industry Partnerships, Support of ASU’s Charter and Goals, Support of sustainable development, veterans’ affairs, initiatives in support of women, wellness, and our changing regional demographics, Support and enhancement of ASU’s reputation as an innovative foundational model for the New American University, Comment to provide significant financial and non-financial support for the University and its signature program. If providing Value Add, please choose "yes". Otherwise choose "No". 1.3.2 Please upload your response for Value Add in this section. Group 2.1: Demonstrated Qualifications and Capabilities Instructions: The Universities are soliciting proposals from firms, which are in the business of providing services as listed in this Request for Proposal. Your proposal shall include, at a minimum, the following information. Failure to include these items may be grounds for rejection of your proposal. 2.1.1 Prior Experience. The proposer shall present evidence that the firm or its officers have been engaged for at least the past seven (7) years in providing services as listed in this Request for Proposal. 2.1.2 Provide a description of your firm, how long it has been in business, an organizational chart indicating all individuals (name, title, address, telephone & fax number, and email address) that will be assigned to provide bond counsel services to the Universities. 2.1.3 Provide the length of time that the individuals that will be assigned to the Universities have been with the firm, their qualifications, and resumes. 2.1.4 Provide the total number of qualified personnel that could be available if the Universities need them, along with location(s) of the firm. 2.1.5 Provide your ability to service multiple offerings simultaneously from 1, 2, or all 3 of the Universities 2.1.6 Provide a description of the municipal bond tax counsel services and capabilities of your firm, including the number of municipal bond tax specialist attorneys you employ and a general discussion of their expertise, knowledge, and experience. Group 2.2: Demonstrated Experience Instructions: 2.2.1 Provide evidence that your firm is considered or qualifies as a nationally recognized bond counsel firm. 2.2.2 Provide, in detail, your firm’s experience in providing Bond Counsel services to state institutions of higher learning, especially those located in Arizona, and State of Arizona public borrowings. 2.2.3 State your proposed staff’s proficiency in providing bond counsel services on public financing to include, but not be limited to, Certificates of Participation (COPs), System Revenue Bonds, Direct Placement Bonds, Variable Rate Bonds, Commercial Paper programs, Short-Term Financial Interest Rate Exchange Agreements (SWAPs) and debt refinancings 2.2.4 State your proposed staff’s knowledge of Arizona law applicable to public debt financing, and past experience with Arizona higher education and State of Arizona issues as well as with drafting legislative bills and communicating with the legislative body on public debt issues. 2.2.5 Describe any other relevant experience that your firm may have. 2.2.6 Proposer References. Provide three (3) current client references, particularly from other public higher education institutions for which your firm has provided bond counsel services, to include the institution’s name, contact name, position, email address and telephone number. Group 3.1: Pricing Schedule Instructions: The Universities intend to pay for the services of Bond Counsel from funds derived through the successful sale and delivery of new or refinanced debt. No fees or related costs will be paid to a bond counsel if the proposed financing or refinancing is not completed and the University does not receive the proceeds. No other fees will be paid unless agreed to in writing prior to service being rendered. Fees paid by the Universities shall constitute full payment for all services rendered. 3.1.1 Proposer shall submit a detailed itemized cost proposal to include all aspects of providing the scope of work associated with this Request for Proposal, to include consulting fees and expected reimbursables. NOTE: All costs must be identified in your response as the University will not pay for any hidden costs. 10 November 202210 November 202210 November 202210 November 202210 November 2022 3.1.2 The Universities have ongoing miscellaneous contacts with their bond counsel in regards to possible future financings, pre/post-issuance compliance, and previously completed financings. These miscellaneous consultations are not billed but considered to be a part of the services for the successful marketing of bonds, COPs, and direct placements and the fees for such brief consultations shall be considered part of the fees for successful sale of the debt. Please confirm (Yes) whether the billing practice that the Universities are accustomed to as described above is acceptable and would remain the same under a new contract award. 3.1.3 If your firm cannot agree to the billing practice that the Universities are accustomed to as described above please describe why and provide details on the billing practice your firm is proposing. 3.1.4 Provide a fee structure for non-identifiable financing services that may be charged if such services become extensive, e.g., a specified minimum discount from the then current standard billing rate of the attorneys providing the services: Provide your fee schedule for the various types of services offered, to include expenses, which are to remain firm for the entire award period including any contract extensions. 3.1.5 State the name, telephone & fax number and e-mail address of the person authorized to represent and speak for your firm in all business and contractual matters relating to this RFP. 3.1.6 Any pricing and/or revenue offerings in a Proposal may be considered a final offer by the University, whether stated as amounts or percentages, and/or whether or not offered on an all-or-none basis, unless otherwise specified in the Proposal. The University may accept or reject in part or entirely a Proposal’s pricing and/or revenue offerings, unless otherwise specified in the Proposal. A Proposal’s pricing and/or revenue offering may not be modified after Opening unless the University, at its sole discretion, permits such modification. The University may reject any Proposal in which the pricing and/or revenue offering does not conform to the prescribed manner and method in this RFP. Proposer must acknowledge and accept this requirement. 3.1.7 Method of Payment & Discount for Early Payment. Each Proposal shall indicate whether Proposer will: a.Accept payment via credit card at the time of purchase without assessing credit card fees; b.Offer an early payment discount (and describe the offering); c.Accept payment via another method that may be an economical alternative for the University. Group 4.1: ASU's Terms and Conditions Instructions: 4.1.1 I have read and agree to ASU's Terms and Conditions located at https://www.asu.edu/purchasing/pdf/Stand_TsCs_Provisions.pdf. If "NO", you will be required to submit exceptions with justification and alternate language. Proposals that are contingent upon any changes to these mandatory terms and conditions may be deemed non-responsive and may be rejected. 4.1.2 All exceptions must be submitted with justification and alternate language, and MUST be submitted with the submittal. In no event is a proposer to submit its own standard contract terms and conditions as a response to this Request for Proposal. 4.1.3 I have read the attached ASU insurance requirements and all requirements will be met. 4.1.4 All exceptions to insurance must be submitted with justification and alternate language, and MUST be submitted with the proposal. Group 5.1: Sustainability Questionnaire Instructions: 5.1.1 Proposer to indicate whether your business is classified as a Small Business or Large business. 5.1.2 Proposer to complete the attached Sustainability Questionnaire - Small Business document. 5.1.3 Proposer to complete the attached Sustainability Questionnaire - Large Business document. Group 6.1: Proprietary/Confidential Statement Instructions: 10 November 202210 November 202210 November 202210 November 202210 November 2022 6.1.1 Per pre-requisite instructions, If you are submitting any information you consider to be proprietary or confidential, you must create a password protected zip file and upload the document along with a justification in the appropriate area within this RFP. In an email outside of the RFP, send the password directly to the Buyer referencing the RFP number Robert.J.Snow@asu.edu. If the Executive Director of Procurement concurs, this information will not be considered public information. The Executive Director of Procurement is the final authority as to the extent of material, which is considered proprietary or confidential. Pricing information cannot be considered proprietary or confidential. Proprietary or confidential information must be submitted per the Instructions to Proposers, item 4. Any watermarks, footnotes, copyright or reference to proprietary or confidential throughout the submitted proposal will be disregarded as boilerplate markings. I have read and understand. 6.1.2 If you have proprietary or confidential information, upload the password protected zip file here and email the Buyer with the password. For each individual document you've included in your zip file, with the exception of Financial Statements properly submitted via the instructions provided (if applicable), you MUST provide a justification explaining for why this is considered proprietary and confidential to your business. Please provide this information via the file attached. If no justification supporting your submitted Proprietary and Confidential information is enclosed, the request will be disregarded. 10 November 202210 November 202210 November 202210 November 202210 November 2022 Product Line Items Product Line Items There are no Items added to this event. 10 November 202210 November 202210 November 202210 November 2022 Service Line Items Service Line Items There are no Items added to this event. 10 November 202210 November 202210 November 2022

Dates

Start Date

10 Nov, 2022 (2 months ago)

Due Date

08 Dec, 2022 (1 month ago)

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Location

Country : United StatesState : Arizona